The Role of the Mental Health Professional in Assessing Grave Risk of Harm Under the Hague Convention on the Civil Aspects of Child Abduction

By international treaty between signatory countries, children under the age of 16 who have been wrongfully removed or retained from their country of habitual residence are to be returned immediately, unless the return of the child would pose a "grave risk" of harm to the child. Mental health professionals have been called upon by courts to render opinions on whether a grave risk is present, but this is ultimately a legal question for the court to decide. Experts should not state an opinion whether facts constitute a "grave risk." This article discusses the grave risk standard in detail, so mental health professionals understand the legal framework and the proper areas of inquiry for expert testimony in these cases.